Section 5-362 - Prohibited payments.
§ 5-362. Prohibited payments.
(a) Prohibited act.- Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or
(2) an agreement for custody in contemplation of adoption.
(b) Construction of section.-
(1) In this subsection, "Administration" means the Social Services Administration of the Department.
(2) This section does not:
(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or
(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1. the reimbursement is in accordance with standards set by regulation of the Administration; and
2. the ability to provide this reimbursement does not affect:
A. the acceptability of any individual for adoptive services; or
B. the choice of the most suitable prospective adoptive parent.
(c) Duty of State's Attorney.- Each State's Attorney shall enforce this section.
(d) Penalties.- A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
[2005, ch. 464, § 3.]